In a strategic move, Alphabet’s Google is fervently urging US District Judge James Donato to reconsider the December verdict in the antitrust lawsuit brought forth by Epic Games, the renowned creator of “Fortnite.” The tech giant, in a court filing on Thursday night, contends that the jury’s decision, which deemed Google’s control over its Play store as anti-competitive, lacks substantial evidence presented by Epic Games.
Contention and Request for Reversal: Google’s Stance on Anti-Competitiveness
Google’s filing requests Judge Donato to either grant a new trial or issue a judgment in favor of the company. The primary argument is centered around the claim that Epic Games failed to provide sufficient evidence to support the verdict. Google emphasized its active competition with Apple in the mobile apps market, countering Epic’s assertions to the contrary.
Background of the Lawsuit: Epic Games vs. Google
Epic Games initiated the legal battle against Google in 2020, challenging the fees imposed on in-app transactions and restrictions on app distribution within the Play Store. The lawsuit aimed at inducing changes in the Play Store policies, without seeking monetary damages. In the December verdict, the jury sided with Epic Games, prompting Google’s current legal maneuvers.
Potential Next Steps: Appeals and Court Intervention
Should Judge Donato dismiss the request for a new trial, Google maintains the option to challenge the verdict in the 9th US Circuit Court of Appeals, as indicated by the company’s intent to appeal. Google’s legal stance aligns with its prior settlement of related claims from consumers and states, amounting to $700 million, and a commitment to fostering increased competition.
Continued Legal Landscape: Epic Games vs. Apple and Google’s Defense
Epic Games previously pursued legal action against Apple over its App Store rules, with Apple largely emerging victorious in 2021. However, the ongoing tussle indicates Epic’s dissatisfaction with Apple’s compliance. In the recent filing, Google argued that it should have been allowed to reference the outcome of Epic’s lawsuit against Apple as a key element of its defense strategy.
